Formation
of the Texas Provisional Government at San Felipe de Austin and
Declaration to Adhere to the Constitution of 1824

THE
consultation for the formation of a Texas Provisional Government
assembled at San Felipe de Austin, on the first of November, 1835 ; but,
for want of a quorum, they did not organize until the third day of the
month. There were present fifty-five members, representing the thirteen
municipalities of Texas. Their session continued till the 14th of that
month, during which period they were industriously engaged in organizing
a provisional government, and providing means for its support. Branch T.
Archer, the president of the assembly, opened its business in an
appropriate address. The general council, which had, up to that time,
exercised the authority of government, surrendered it to the
consultation. A committee of twelve, of which John A. Wharton was
chairman, was appointed to prepare a declaration of the causes which
impelled the Texans to take up arms. A like committee, of which Henry
Millard was chairman, was appointed " to draw up and submit a plan or
system of a provisional government."

On the
7th, the consultation, after much discussion, adopted
the declaration.
It was not one of independence, but of adherence to the constitution of
1824. It is likely that the entire body saw that the end would be
independence ; but they deemed it prudent to move slowly, and first
unite all parties in the revolution. The great object of the leading men
was, that their actions should be approved by the world. They feared
that a precipitate declaration of independence would not meet that
approval. Texas needed sympathy and aid. By a defensive course, she
would obtain it. Such was the policy of her leaders, and time has shown
its wisdom. They expected also to induce some of the other Mexican
states to follow their example in declaring their adherence to the
federal constitution, but in this they were not successful. There was,
in some parts of Mexico, a feeble response in favor of liberty, but the
bayonets of
Santa
Anna reduced it to silence. It may also be observed that, in
November, 1835, public opinion in Texas was hardly prepared for a change
so sudden.

The
ordinance "establishing a provisional government" was completed on the
13th day of November, 1835. It is the earliest specimen of Anglo-Saxon
law ever enforced in Texas. Its provisions were few, and such as the
emergency required. It created a governor, lieutenant-governor, a
council, to be elected from the consultation (one from each
municipality), a provisional judiciary, a commander-in-chief, etc.

The
consultation adjourned, to meet at Washington, on the 1st day of March,
1836 ; providing, however, that the governor and council should continue
to exist as a provisional government until its reassembling. The
commander-in-chief was declared to be such "of all the forces called
into public service during the war ;" and he was " to be subject to the
governor and council." These provisions are more especially referred to
here, because of the discord and misfortunes resulting there from.

Two
days before the adjournment of the consultation, they elected Henry
Smith governor and James W. Robinson lieutenant-governor of Texas. Smith
was chosen by a majority of nine votes over
Stephen F. Austin. It was at first intended that Austin should be
governor but his services being more needed as a commissioner to the
United States, he was spared the misfortune of being the first governor
of Texas. Robinson had no opposition.
Sam Houston
was elected commander-in-chief, with but one dissenting voice. Messrs.
Branch T. Archer, William II. Wharton, and Stephen F. Austin, were duly
chosen commissioners to the United States. Messrs. A. Huston, Daniel
Parker, Jesse Grimes, A. G. Perry, D. C. Barrett, Henry Millard, Martin
Farmer, J. D. Clements, R. R. Royal, W. P. Harris, E. Waller, and W.
Hanks, were the council elected out of the consultation, to remain and
cooperate with Governor Smith in carrying out the organic law.

In
addition to other important matters, it was provided that " there should
be a regular army created for the protection of Texas during the present
war." To give aid and assistance in organizing this army, in adopting
rules for its government, and in providing the personnel and materiel,
General Houston remained in attendance on the governor and council until
the 16th of December, when he was ordered to remove his headquarters to
Washington. [See Next:
Texans' Siege of San Antonio and the Alamo]